Limitation -- Extension of limitation due to second surge in COVID cases - Directions issued: (a) Order dated 23.03.2020 is restored and in continuation of subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or..........
Limitation -- Extension of limitation due to second surge in COVID cases - Directions issued: (a) Order dated 23.03.2020 is restored and in continuation of subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Once an application u/s 11(6) of the Act has been filed for appointment of arbitrator before High Court, the other party forfeited their right to appoint arbitrator, High Court alone holds jurisdiction to appoint arbitrator in exercise of power u/s 11(6) of the Act...........
Arbitration and Conciliation Act, 1996, Section 14, 11, 12(5), 15 -- Termination of mandate of Arbitrator and appointment of a new arbitrator - Earlier Arbitral Tribunal lost its mandate by operation of law in view of S.12(5) read with Seventh Schedule of the Act - Fresh Arbitrator has to be appointed under the provisions of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34(4) -- Arbitral award - Setting aside - Remission of matter to arbitrator - Discretion is vested with Court for remitting the matter to Arbitral Tribunal to give opportunity to resume the proceedings or not - Merely because application is filed u/s 34(4) of the Act by a party, it is not always obligatory on part of Court to..........
Arbitration and Conciliation Act, 1996, Section 34(4), 34(1), 34(2A), 31 -- Arbitral award - Setting aside - Resumption of arbitral proceedings - Court in appropriate cases on request made by a party, can give opportunity to arbitrator to resume arbitral proceedings for giving reasons or to fill up gaps in the reasoning in support of a finding which is already rendered in..........
Limitation Act, 1963, Section 5, Arbitration and Conciliation Act, 1996, Section 34(3) -- Condonation of delay - Delay of 197 days in filing petition u/s 34 of 1996 Act - S.5 of Limitation Act is not applicable to condone delay beyond the period prescribed u/s 34(3) of 1996 Act - Delay of 197 days being beyond the period prescribed u/s 34(3) of 1996 Act cannot be condoned...........
Arbitration and Conciliation Act, 1996, Section 34 -- Scope - When order is passed without recourse to arbitration and in utter disregard to provisions of the Act, S.34 of the Act will not apply...........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3) -- Conciliation proceedings - Where appellant had not submitted its reply at conciliation stage and failed to appear, Facilitation Council can at best record failure of conciliation and proceed to initiate arbitration proceedings in accordance with relevant provisions of Arbitration and Conciliation..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3) -- Conciliation proceedings - Appellant failed to appear in proceedings for conciliation on very first date of appearance - As per S.18(3) of the Act, when conciliation fails and stand terminated, dispute between parties can be resolved by arbitration - Facilitation Council did not initiate arbitration..........
